BISWANATH PRADHAN Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THE sole point for determination in this writ petition under Articles 226 and 227 of the Constitution is whether a hearing is necessary before the Collector in exercise of his powers under Section 115(1) of the Orissa Grama Panchayat Act, 1964 (hereinafter called the Act) suspends a Sarpanch.

(2.) THE Petitioner was elected as the Sarpanch of Sundarpur Grama Panchayat under the Chatrapur Panchayat Samiti on 13 -5 -1975. On the report of the Sub -Divisional Officer, Chatrapur, intimating that the Petitioner as Sarpanch had committed certain irregularities and violated the provisions of the Act and the Rules, the Collector by his order dated 31 -8 -1976 placed the Petitioner under suspension. The grievance of the Petitioner is that he was not allowed an opportunity of being heard before this order was passed and therefore the order is vitiated.

(3.) IT would be seen that in the process while Sub -section (1) of the section provides that the Collector would be competent to make an order of interim suspension on the basis of his "opinion" on the allegations of lapse or lapses with the materials before him, Sub -section (2) in terms enjoins an enquiry in to the alleged lapse or lapses by the State Government and at this stage the legislature has ordained that the person concerned shall have a reasonable opportunity of showing cause before any order to remove him from his office is passed. The Collector at the stage of suspension under Sub -section (1) therefore is not empowered or authorised by the Act to make any determination or pass any final order. Even the interim order of suspension that he is empowered to make can be passed only if he "is of the opinion" that circumstances mentioned in this Sub -section exist and that "the further continuance of such person in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama". The interim order envisaged in the Act is thus only a preventive measure to be taken in the larger interest of the Grama Panchayat and its inhabitants. The person suspended is then provided a right to be heard at the stage of enquiry.